LAWS(PAT)-2007-1-41

HAJI MIR NAIMUDDIN Vs. STATE OF BIHAR

Decided On January 29, 2007
Haji Mir Naimuddin Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) BY this writ application under Article 226 of the Constitution of India, the petitioner, erstwhile owner of the land, in question, has sought a direction against the respondents to make payment of the compensation amount to him in accordance with the approval already accorded by respondent No. 3, the then Additional Collector, Purnea, in Compensation Case No. 1018 of 1955 -56 for the Khawati/Tauzi lands situated in Forbesganj., Araria Palasi and Sikty Anchals of the district which vested in the State of Bihar in accordance with the provisions of Sec.3 of the Bihar Land Reforms Act, 1950 (In short "the Act").

(2.) THE second relief is sought for quashing the notices dated 21.3.1984 and 16.7.1986 by which the matter is being enquired afresh after inordinate delay, on the ground that reopening of the case cannot be done once the matter has been settled and disposed of for payment of compensation by order dated 14.2.1983, a copy of which has been produced as Annexure 5.

(3.) THE Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950) is an Act to provide for the transference to the State of the interests of proprietors and tenure -holders in land of the mortgagees and lessees of such interests including interests in trees, forests, fisheries, jalkars, ferries, hats, bazars, mines and minerals and to provide for the constitution of a Land Commission for the State of Bihar with powers to advise the State Government on the agrarian policy to be pursued by the State Government consequent upon such transference and other matters connected therewith.